You ask whether certain information is subject to required public disclosure under
chapter 552 of the Government Code, the Public Information Act (the "Act"). Your request
was assigned ID# 137460.

The Municipal Court Judge for the City of Kenedy (the "city") received a request for
information from a named individual who is evidently appearing pro se in a pending matter
before the court. The request states:

I recently received a citation. I have entered a plea of not guilty and
requested a trial. I believe that each item listed below will contain
information that will exonerate me. I would also point out to the court that
under the custody, control, possession or superior right of rule of discovery
(Code of Criminal Procedure), it is the prosecutor's responsibility to make the
items available. So that I can complete the preparations for my defense
please provide me with the following:

As the city attorney, you seek our decision of whether the request "may be considered a
request for information" under the Act in light of section 552.0055 of the Government Code.
In the alternative, you assert that some of the information that is responsive to the request is
excepted from required public disclosure under section 552.117 of the Government Code.
We have considered your arguments and assertions, and we have reviewed the submitted
information.

Section 552.0055 of the Government Code was added to the Act by the 76th legislature, and
provides as follows:

A subpoena duces tecum or a request for discovery that is issued in
compliance with a statute or a rule of civil or criminal procedure is not
considered to be a request for information under [chapter 552 of the
Government Code].

Gov't Code § 552.0055. In support of the applicability of this provision, you state:

[T]he request is made in connection with a criminal prosecution, albeit a
violation of municipal ordinance. The very language of [the] request states
such request is made under a rule of discovery and identifies the Code of
Criminal Procedure as a source of authority.

Although neither you nor the requestor identifies any specific provision of the Code of
Criminal Procedure, we believe that, under the circumstances, the request constitutes a
motion for discovery submitted to the court under article 39.14 of the Code of Criminal
Procedure. See Crim. Proc. Code art. 39.14. Accordingly, we find pursuant to
section 552.0055 of the Government Code, that the request does not constitute a request for
information under the Act. Therefore, the city is not required to comply with the request.

Because the Act is not implicated, we do not address the section 552.117 assertion. This
letter ruling is limited to the particular records at issue in this request and limited to the facts
as presented to us; therefore, this ruling must not be relied upon as a previous determination
regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days.
Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.